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special

REQUEST FOR PROPOSALS (RFP) NO. 2020-043

CLOSING DATE AND TIME: FEBRUARY 13, 2020 - 2:00 P.M.

INVESTMENT ADVISORY SERVICES AND PRIMARY DEPOSITORY BANKING CONSULTATION SERVICES

PROPOSALS SHALL BE SUBMITTED ON THIS FORM

The City of Mesquite, Texas invites sealed proposals from all qualified vendors desiring to furnish the City with Investment Advisory Services and Primary Depository Banking Consultation Services, complying with the following specifications as listed herein.

A sealed copy of the bid proposal may be submitted by courier or hand delivered to Ryan Williams, Manager of Purchasing, City of Mesquite, 1515 N. Galloway, Mesquite, Texas 75149. Proposals may also be mailed to Ryan Williams, Manager of Purchasing, City of Mesquite, P.O. Box 850137, Mesquite, Texas 75185-0137. Mark envelope in lower left corner "RFP NO. 2020-043 Investment Advisory Services and Primary Depository Banking Consultation Services,” so that the proposals will not be opened until the appointed hour. Proposals may also be submitted by courier, hand delivered in a sealed envelope or box to Ryan Williams, Manager of Purchasing, City of Mesquite, 1515 N. Galloway Avenue, Mesquite, Texas 75149. Proposals submitted must be received before proposal closing on Thursday, February 13, 2020 at 2:00 p.m. Faxed bid proposals will not be accepted.

GENERAL CLAUSES AND CONDITIONS

1. If you have questions regarding the preparation of your proposal, you may contact: purchasing@cityofmesquite.com.

2. Vendors who do not respond to this particular proposal, but who want to remain on our mailing list for future opportunities shall indicate “NO PROPOSAL” on the face of this page by putting the date and signed by the authorized representative of your company and return this page to the Purchasing office. Your assistance in this matter is greatly appreciated.

3. Protection of Resident Workers: The City of Mesquite actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

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4. Laws and Ordinances: The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations which in any manner affect the Contract or the work, and shall indemnify and save harmless the City against any claim arising from the violation of any such laws, ordinances and regulations whether by the Contractor or his employees.

5. One (1) original and four (4) copies of the proposal must be received, on this form, prior to the closing date and

time to be considered. Proposals must be submitted in sufficient time to be received and time-stamped at the above location on or before the published date and time shown on the RFP. The City of Mesquite will not be responsible for mail delivered from the post office. Proposals received after the published time and date cannot be considered and will be returned unopened.

6. Proposals will be received and publicly acknowledged at the location, date and time stated above. Only the name

of the proposers responding to this request for proposal shall be released at the proposal opening. Other information submitted by the proposer shall not be released by the City during the proposal evaluation process or prior to contract award. At no time will confidential information, as noted by the proposer, be released.

7. Proposer shall attach official documentation from the State of Texas or other qualified certification agency of

M/WBE status of your company with bid/proposal. This data is for informational purposes only and will not affect the bid proposal award.

8. A completed W-9 form will be required within five business days by the tentative awardee once notification has

been received. 9. In submitting an offer, respondent certifies that they have not participated in nor have they been party to any

collusion, price fixing or any other illegal or unethical agreements with any company, firm or person concerning the pricing offered.

10. The attached Non-Exclusion Affidavit for General Contractors must be signed, notarized and submitted with bid

proposal. 11. A representative of the proposing entity who is authorized to enter into contract on behalf of the proposing entity

must manually sign proposals in ink. The person signing the proposal must indicate his/her title along with signature. Proposals received without proper signature will not be considered.

12. The prices quoted in this bid proposal shall be F.O.B. Mesquite and cover costs for packaging, delivery, and

handling, REGARDLESS OF THE SIZE OF ORDER, to the City of Mesquite, Mesquite, Texas 75149. 13. Any ambiguity in the bid proposal as a result of omission, error, lack of clarity or non-compliance by the proposer

with specifications, instructions and all conditions shall be construed in favor of the City. 14. The City of Mesquite reserves the right to reject any and all proposals, waive formalities and to make award of bid

proposal as may be deemed to the best advantage of the City. No proposal may be withdrawn within forty-five (45) days after date of opening.

15. This Contract may be terminated at any time with thirty-(30) day’s written notice by either the City of Mesquite

or successful proposer.

16. The City is not liable for any cost incurred by Proposers in replying to this RFP. This includes costs to determine the nature of the proposal, submitting, negotiating, presentations or any other costs a vendor would incur in responding to the RFP.

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17. Proposers shall complete all information requested and blanks provided shall be filled in on the provided forms. Failure to completely describe the services being proposed may result in rejection of your bid proposal.

18. The City is exempt from all sales and excise taxes. 19. The City of Mesquite reserves the right to evaluate variations from these specifications. If exceptions are made,

proposer shall state wherein the services fail to meet these specifications. Failure to completely describe the services being proposed may result in rejection of your proposal.

20. It shall be understood all proposals, responses, inquiries or correspondence relating to or in reference to this RFP,

and all reports, charges and proposal or referencing information submitted in response to this RFP shall become the property of the City, and will not be returned. All restrictions on the use of data contained within a proposal and all confidential information must be clearly stated in the RFP. Proprietary information submitted in a proposal, or in response to the RFP, will be handled in accordance with the Texas Open Records Law and other applicable state statutes.

21. It is the vendor’s responsibility to check for any addendums that might have been issued before the proposal

closing date and time. 22. Cooperative Purchasing: As permitted under the Texas Local Government Code, Chapter 791025, other

government entities may wish to also participate under the same terms and conditions contained in this contract (piggyback). Each entity wishing to piggyback must have prior authorization from the City of Mesquite and vendor. If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the entity requiring supplies/services. The City of Mesquite shall not be held responsible for any orders placed, deliveries made or payment for supplies/services ordered by these entities. Each entity reserves the right to determine their participation in this contract.

Successful proposer agrees to extend prices to all entities that have entered into or will enter into joint purchasing

interlocal cooperation agreements with the City of Mesquite _______Yes _______No. 23. The proposal evaluation process will occur after the closing date. The City’s evaluation and clarification process

will commence. An evaluation team will review the proposals. Financial terms will not be the sole determining factor in this award. Other criteria described in this RFP will be considered, as well as any other factors the evaluation team determines may affect the suitability of the proposal for the City’s requirements. A Proposer’s submission of a proposal constitutes their acceptance of the evaluation technique.

24. Price quoted shall prevail for the entire term of the contract; one (1) year starting after proposal is awarded by City Council to the successful proposer. A renewal option is included as a part of this proposal for an additional four (4) one-year periods, renewable on anniversary of the original date, provided proposer can maintain proposal prices and both parties are in mutual agreement.

25. The insurance requirements are included in the proposal document. Proposers agree to provide and to maintain

the required types of insurance for the term of the contract. An original certificate of insurance will be required within 10 business days by the apparent low proposer once notification has been received.

26. The Contract form is included for proposer’s information so that proposers may be familiar with the contents and

requirements. Proposer shall not fill in or execute these forms at time of proposal submittal. Upon award of the proposal, the awarded vendor will be required to execute the contract.

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SPECIAL PROVISIONS 1. The successful proposer’s rights and duties awarded by the contract may not be assigned to another without

written consent of the City signed by the City’s authorized agent. Such consent shall not relieve the assigned of liability in the event of default by the assignee.

2. Any deviations from specifications and alternate proposals must be clearly shown with complete information

provided by the proposer. They may or may not be considered by the City. 3. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications

stated in the resulting contract. All change orders to the contract will be made in writing and shall not be effective unless signed by an authorized representative of the City.

4. The City shall have the right to modify this order subject to an adjustment in the price in accordance with the

applicable provisions of the purchase order, if any, or pursuant to mutual agreements. No agreement or understanding to modify this order shall be binding on the City unless it is in writing and signed by an authorized representative of the City.

5. The City reserves the right to require additional technical and pricing information and negotiate all elements that

comprise the Vendor’s proposal to ensure that the best possible consideration be afforded to all concerned. The City reserves the right to accept all or part of any proposal, to reject any or all proposals and to re-solicit for proposals.

6. All questions must be submitted via fax or email by Friday, February 7, 2020 at 2:00 p.m. to

purchasing@cityofmesquite.com prior to proposal closing date. 7. Proposers shall submit a total of three (3) references.

8. Proposers shall fill out the following required documents, as noted in the bid proposal. If the following forms are not

included, the bid proposal may be considered non-responsive.

Check List: Conflict of Interest Questionnaire Non-Exclusion Affidavit for General Contractors, Prohibition On Contracts With Companies Boycotting Israel – House Bill 793 Form References Bid Bond/Certified Check or Cashier’s Check Certification Statement

9. The following RFP Schedule of Events represents the schedule the City will follow. The City plans to meet the

dates described below. If a component of the schedule is delayed, it shall be anticipated that the remaining components will also be delayed by a similar number of days. Any significant change to the schedule will be published via RFP Addendum.

Event Estimated Date Request for Proposals Published January 30 and February 6, 2020 Deadline to Submit Vendor Questions February 7, 2020 Final Addendum for Questions Published February 11, 2020 Deadline for Proposal Submissions February 13, 2020 Council Award March 2, 2020 Effective Date of Contract March 2, 2020

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CONTRACTING WITH THE CITY OF MESQUITE Updated: January 8, 2016

Conflict of Interest Questionnaire And Disclosure of Interested Parties (Form 1295)

YOU WILL BE REQUIRED TO COMPLY WITH THE FOLLOWING: Chapter 176 of the Texas Local Government Code is an ethics law that was initially enacted by the Texas Legislature with HB 914 in 2005 that requires disclosure of employment and business relationships local government officers may have with contractors, consultants and vendors who conduct business with local government entities. The law applies to any written contract for the sale or purchase of real property, goods or services. Further information regarding Texas Conflict of Interest laws and the Conflict of Interest Questionnaire (FORM CIQ) can be found at the Texas Ethics Commission web site at the following web address: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm PLEASE COMPLETE THE ATTACHED FORM CIQ AND SUBMIT WITH YOUR RESPONSE. Section 2252.908 of the Texas Government Code was enacted in 2015, by the Texas Legislature pursuant to HB 1295, which provides that a governmental entity may not enter into certain contracts with a business entity on or after January 1, 2016, unless the business entity submits a disclosure of interested parties (FORM 1295) to the governmental entity at the time the business entity submits the signed contract to the governmental entity. Further information regarding the disclosure of interested parties law and FORM 1295 can be found at the Texas Ethics Commission web site at the following web address: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm PLEASE DO NOT COMPLETE FORM 1295 UNTIL YOU HAVE BEEN NOTIFIED OF CONTRACT AWARD AND REQUESTED TO ELECTRONICALLY FILE FORM 1295 WITH THE TEXAS ETHICS COMMISSION.

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Non-Exclusion Affidavit for General Contractors

Federal, state, and local government agencies, not-profits, and other organizations that use federal money to fund all or part of any program or project are required to follow specific requirements regarding the use of such federal funds. One of these requirements is that no contract, subcontract, grant, financial assistance, or other forms of assistance provided using federal funds may be awarded to individuals or entities that have been suspended, debarred, or otherwise excluded from participation in federally funded programs. The U.S. federal government maintains a Web site known as the “System for Award Management” (SAM) at www.sam.gov. One of the purposes of the SAM Web site is to provide a comprehensive list of all individuals, firms, and other entities that have been suspended, debarred, or otherwise excluded from participation in federally funded contracts, subcontracts, grants, etc. SAM provides a simple means of helping government, non-profit agencies, and other organizations ensure that they do not award federally-funded grants, contracts, subcontracts, or other financial or non-financial benefits to any individual, firm, or other entity that has been excluded by any agency from participation in such federally funded activities.

I, (Contractor Representative), hereby certify that neither I nor (Name of the company or organization I represent) nor any subcontractors that I or said company may employ to work on any federally funded activity have been suspended, debarred, or otherwise excluded by any federal agency from participation in any federally funded activity. I further acknowledge my understanding that, before entering into a contract with me or with the company or organization I represent, City of Mesquite staff will perform a search on www.sam.gov to verify whether I, the organization I represent, or any subcontractors I may employ to work on any federally funded activity, have been excluded from participation in any federally funded activity.

Signature of Contractor Representative Date

Sworn to and subscribed before me this day of , 20

Notary Public in and for ____________ County, _____________ (Insert State Name)

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PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

Chapter 2270, as amended by House Bill 793, provides that the City may not enter into a contract* with a company for goods or services unless the contract contains a written verification from the company that it: (i) does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. “Boycott Israel” is defined to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. “Company” is defined to mean a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.

* The requirement applies only to a contract that: (1) is between the City and a company with 10 or more full-time employees; and has a value of $100,000 or more that is to be paid wholly or partly from City funds.

I, ___, the __________ (Name of Certifying Official) (Title or Position of Certifying Official) of , does hereby verify on behalf of said (Name of Company) company to the City of Mesquite that said company does not Boycott Israel and will not Boycott Israel during the term of this contract. Signature of Certifying Official Title Date of Certification

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STANDARDS OF CONDUCT The City of Mesquite conducts business with the public, business partners, vendors and contractors under a set of rules to ensure that all City officials and employees discharge their duties in a manner designed to promote public trust and confidence in our city. This code of ethics, titled Standards of Conduct, is taken from the Mesquite City Code, Chapter 2, Art. IV, Sec 2-123. The City wants you to be aware of the rules that its employees are required to follow while performing their services to you. A violation of state or federal statutes may occur if these rules are broken. It is hoped that by outlining these rules for you, your experience in dealing with the City of Mesquite will be both rewarding and satisfactory. Acceptance of Gifts or Gratuities Accepting gifts or gratuities by employees in consideration for the performance of their duties, or as an appreciation for their performance, is strictly prohibited.

• Please do not offer employees any gift, loans or any other thing of value. • Employees may not receive any fee or compensation for their services from any source other than the City, so

please do not offer. • Please do not offer to buy meals for employees. • Employees may accept coffee, tea, soft drinks, snacks, etc. when attending meetings in your office. • Letters to supervisors for exceptional service by employees are always welcome.

Conflicts of Interest Employees are prohibited from engaging in any outside activities that conflict with, or have the appearance of conflicting with, the duties assigned to them in the employment of the City.

• Please do not ask employees for any special favor or consideration that is not available to every other citizen. • Please do not ask an employee to disclose any information that is not available to every other citizen through

normal public information channels. • Please do not offer to compensate the employee by offering to hire, or do business with any business entity of

the employee or family member • Do not ask employees to represent you or your company or make any recommendations on your behalf other

than those that are a part of their official duties with the City. • Please do not ask employees to endorse the products or services of your company. • Please do not ask employees to hand out or post advertising materials.

Solicitation by City Employees Employees may not solicit gifts, loans, or any other items of value from people doing City business that will be used by them personally.

• If you are asked to pay a fee for services that you believe is improper or illegal, please contact the City’s ethic’s officer at 972-329-8723. (payments should only be made to designated cashiers or clerks)

• Employees are prohibited from taking retaliatory action against you for failing to comply with any request unless the request is within the scope of the employee’s official duties for the City.

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Use of City Equipment, Facilities and Resources Use of City equipment, facilities and resources is authorized only for City purposes and for those activities permitted by City ordinance and policy.

• Please do not ask employees to use City equipment to run errands or perform tasks for your benefit. • Employees may not perform tasks, nor conduct any business not related to their official duties while on City time.

Your Rights and Expectations When dealing with employees of the City of Mesquite you have the right to honest, fair and impartial treatment. You may expect prompt, courteous and professional service from our employees who are expected to understand and practice good customer service skills. Employees are tasked to uphold the public trust through the ethical performance of their duties. We understand that the enforcement of regulatory guidelines and codes may sometimes be a cause for concern; however, you may rest assured that we are responsible to all of the citizens of Mesquite and our goal is to serve them to the best of our ability. Should you have any concerns or questions concerning this information or the conduct of any of our employees please contact the City’s ethics officer at 972-329-8723. All calls to the City’s ethics officer are confidential and your name (or any other identifying information) will not be disclosed. Cliff Keheley City Manager

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INSURANCE VERIFICATION PROGRAM LETTER OF AUTHORITY

TO: All Awarded Vendors RE: Insurance Verification Dear Vendor: The City of Mesquite has provided Insurance Certificate Administrators (ICA) authority to monitor certificates of insurance, endorsements and other policy information from our vendors and contractors. ICA will request, receive, evaluate and order corrections from such companies.

ICA will provide the City of Mesquite with verification that any insurance document your agent or insurer certifies conforms to the contract requirements.

It is necessary that you have your agent or insurer promptly cooperate with ICA by having them provide the information ICA requests.

All correspondence regarding certificates of insurance and insurance policy information for the City of Mesquite should be sent to the following address. There is no need to provide copies to the City of Mesquite.

City of Mesquite c/o ICA input@icaprogram.com P.O. Box 2566 Fort Worth, TX 76113-2566 Phone: 817-332-5313

Please forward the enclosed instructions to your agent/broker. Thank you for your cooper

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INSURANCE

A. AMOUNTS OF INSURANCE Contractor agrees to provide and to maintain the following types and amounts of insurance, for the term of this Contract.

Type Amount

1. Worker’s Compensation Statutory Limits and $100,000 Employer’s Liability per occurrence 2. Commercial (Public Liability) Bodily Injury:

including but not limited to: $500,000 per person $1,000,000 per occurrence and

A. Premises/Operations B. Independent Contractors C. Personal Injury Property Damage: D. Products/Complete Operations $500,000 per occurrence E. Contractual Liability (insuring above indemnity provisions) with general aggregate of $1,000,000

3. Business (Commercial) Combined Single Limit/

Automobile Policy: $500,000

The preceding amounts notwithstanding, the City reserves the right to increase the minimum required insurance to be effective thirty (30) days after notice is sent to the address provided herein. The Contractor may pass through to the City all costs for obtaining the increase in the insurance coverage.

B. OTHER INSURANCE REQUIREMENTS The Contractor understands that it is its sole responsibility to provide the required Certificate and that failure to comply within 10 business days after notice of award and according to the requirements of this article shall be a cause for termination of this Contract.

For any pesticide spraying performed, the City of Mesquite will require the successful bidder to carry Pollution Liability Insurance and Environmental Impairment Liability Insurance.

Insurance required herein shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Texas. All policies shall be subject to examination and approval by the City Attorney’s office for their adequacy as to form, content, form of protection, and providing company.

Insurance required by this Contract for the City, as additional insured shall be primary insurance and not contributing with any other insurance available to City, under any third party liability policy. The Contractor further agrees that with respect to the above required insurances, the City shall:

1. Be named as additional insured/or an insured, on all required insurance except workers’ compensation. Blanket Endorsements are acceptable in meeting this requirement if copies of the endorsements are provided along with the certificate. If using a form that has specific boxes labeled for additional insured, checking those specific boxes is acceptable in meeting this requirement as well.

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2. Be provided with a waiver of subrogation, in favor of the City on all required insurance. Blanket Endorsements are acceptable in meeting this requirement if copies of the endorsements are provided along with the certificate. If using a form that has specific boxes labeled for waiver of subrogation, checking those specific boxes is acceptable in meeting this requirement as well.

3. Be provided with an unconditional 30 days’ advance written notice of cancellation or material change.

4. Prior to execution of this Agreement, proof of insurance shall be provided through the office of the City Secretary with either their original Certificate of Insurance or their insurance policy evidencing the above requirements. Thereafter, new certificates or copies of the policies shall be furnished prior to the expiration date of any prior certificate.

C. ADDITIONAL WORKER’S COMPENSATION INSURANCE REQUIREMENTS

1. Definitions: Certificate of coverage (“certificate”) A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory Worker’s Compensation insurance coverage for the person’s or entity’s employees providing services on a project, for the duration of the project.

Duration of the project - includes the time from the beginning of the work on the project until the contractors’/person’s work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project (subcontractor” in 406.096) - includes all persons or entitles performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity or employees of any entity, which furnishes persons to provide services on the project. “Services” include, without limitation, providing, hauling, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll

amounts and filing of any coverage agreements. Which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services on the project, for the duration of the project.

3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded

the contract. 4. If the coverage period shown on the contractor’s current certificate of coverage ends during the duration

of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

5. The contract shall obtain from each person providing services on a project, and provide to the

governmental entity:

(a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

6. The Contractor shall retain all required certificates of coverage for the duration of the project and for one

year thereafter.

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REFERENCES

Using the format outlined below, please provide three current client references and three former client references for which you provided the same services. References should be based on the office that shall be providing services to THE CITY.

Reference 1 Organization name:

Contact and title:

Address:

Phone number:

Effective date of contract:

Description of services provided:

Reference 2

Organization name:

Contact and title:

Address:

Phone number:

Effective date of contract:

Description of services provided:

Reference 3

Organization name:

Contact and title:

Address:

Phone number:

Effective date of contract:

Description of services provided:

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PROPOSAL INFORMATION

BACKGROUND

The City of Mesquite, Texas, is located in eastern Dallas County, with its corporate limits adjoining the corporate limits of Dallas for a distance of about eight miles. The old downtown section of Mesquite is approximately 13 miles from downtown Dallas. The incorporated area of Mesquite is presently 46.963 square miles. The City has 16 departments and approximately 80 individual funds with annual revenues exceeding $250,000,000. The City of Mesquite provides a full range of services, including police and fire protection, streets, health and sanitation services, libraries and recreation, public improvements, planning and zoning, and general administrative services. Additionally, water and sewer utility services, drainage utility services, municipal airport and the municipal golf course are provided under an enterprise fund concept, with user charges set by the City Council to ensure adequate coverage of operating expenses and payments on outstanding debt where applicable. Certain public safety, transportation, and parks and recreation services are provided through a legally separate Quality of Life Corporation, which functions, in essence, as a department/fund of the City of Mesquite. The City of Mesquite is a Home Rule City operating under a Council-Manager form of government. The City Council consists of the Mayor and six council members. Council members serve two-year terms and are responsible for appointing the City Manager, Municipal Judge, City Attorney, City Secretary, and members of various boards and commissions. The City Manager serves as the administrative head of the municipal government and is responsible for carrying out policies and for daily management of the City. The City has one master bank account with two sweep accounts for accounts payable and payroll transactions. The City uses the Sympro system to track investments that make up the City’s investment portfolio. A copy of the City’s investment policy and quarterly investment reports are available on the City’s website. Investment Policy https://www.cityofmesquite.com/DocumentCenter/View/372/Investment-Policy?bidId Quarterly Investment Reports https://www.cityofmesquite.com/Archive.aspx?AMID=53 The quarterly investment reports provide the latest investment portfolio information.

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BID REQUIREMENTS

Please provide all information required in each of the following categories. Proposals that do not include all of the required information will be disqualified. Scope of Services

1. Assist the entity with cash flow/maturity analysis. 2. Provide monthly/quarterly and annual reporting on all government entity funds detailing securities holdings

(including balances in local government investment pools), portfolio composition and sector analyses, portfolio return and weighted average maturity, and daily transaction activity.

3. Manage the funds in a discretionary capacity. 4. Evaluate market risk and develop strategies that minimize the impact on the portfolio. 5. Provide assurance of portfolio compliance with applicable policies and laws. 6. Establish an appropriate performance benchmark. 7. Review investment policy – recommend appropriate amendments. 8. Ensure portfolio structure matches government entity’s objectives. 9. Assist with trade settlements. 10. Assist with depository bank contract solicitation and review. 11. Assist in the process of evaluating custodial and other banking services and servicing the portfolio’s ongoing

security safekeeping needs.

Proposer Qualifications 1. Advisor shall be a registered Investment Advisor as defined and regulated by the Securities and Exchange

Commission (SEC) under the Investment Advisers Act of 1940. Provide a copy of the Form ADV Part II. 2. Advisor shall be either completely independent of any financial institution or securities brokerage firm or shall

fully and continuously disclose any such relationships with such financial institution and/or securities brokerage firm relevant to the firm’s relationship with the College.

3. Advisor must have online reporting services to review, analyze and download financial information for the City’s portfolio.

4. Advisor shall have at least 5 billion of public funds asset under management while serving in a discretionary capacity.

5. Advisor shall be familiar with state investments and reporting requirements. 6. Advisor shall demonstrate understanding of the scope of managing public funds. 7. Advisor shall have coverage in errors and omissions insurance or investment advisor professional liability

insurance along with any other additional coverage through a fidelity bond and umbrella insurance. 8. Advisor must agree to disclose all conflicts of interest, all sources of revenue and all affiliations.

Firm Background 1. Describe the organization and your experience in managing public funds, specifically, operating, bond proceeds

and debt service funds. 2. Describe the firms’ sources of revenue, categorized by retail and institutional accounts. 3. Identify that firm is a registered investment advisor under the Investment Advisor’s Act of 1940, as amended. 4. Outline the errors and omissions (professional liability) and fidelity bond coverage your firm carries. Provide a

valid, current Certificate of Insurance. 5. Describe your firm personnel’s experience with various banking technology and tools that may assist

governments in analyzing current and future banking contracts.

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Firm Experience 1. Describe your firm’s experience in managing fixed income portfolios for public funds and governmental entities. 2. Describe your firm’s experience in developing policies and portfolio management guidelines for government

portfolios. 3. Identify if your firm acts as a broker or as a primary dealer in securities or receives any other form of additional

compensation (including soft dollars) for the client transactions aside from the direct fee paid by clients.

Firm Personnel 1. Identify the investment professionals (portfolio managers, analysts, and researchers) employed by your firm, by

classification. 2. Provide resumes and biographical information on key investment professionals that will be directly involved in

the decision-making process for the portfolio. 3. Describe your firm’s training and education efforts to keep portfolio managers informed of developments

relevant to government investment managers. 4. Describe your firm’s training and education efforts to keep clients informed of investment and treasury related

management topics.

Firm Investment Philosophy 1. Briefly describe your firm’s investment management philosophy. 2. Describe the investment program you are proposing for the City. 3. Describe your approach to the review of the City’s current investment program. 4. Describe how portfolios are managed (e.g. by team, individual manager) and what the back-up plan is when the

manager is away. 5. Describe the oversight provided to portfolio managers. 6. Describe the ongoing daily investment procedures proposed for the portfolio, including procedures for trades,

security choice, etc., and how you will provide liquidity. 7. Describe how frequently your staff meets with City staff and who would attend such meetings.

Reporting 1. Describe the investment accounting and reporting system used by your firm. (You may be asked to conduct a

demo of your online reporting system during oral presentations) 2. Describe the frequency and format of reports that you would provide. Submit samples of reports that would be

provided and describe their frequency. 3. Briefly describe any additional features, attributes, or conditions, which should be considered in considering

your firm.

References 1. Provide three (3) client references (Current or former) for which the Proposer has provided similar services. 2. Provide a listing of clients in Texas who either terminated your services or elected not to renew your contract in

the past 24 months.

Fees 1. Provide the fee schedule that would apply to this account for five years. 2. Fees should follow a one-year contract with four optional renewal periods. 3. Identify if fees are negotiable.

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QUESTIONS

Proposers are asked to examine this RFP upon request. All questions or clarifications shall only be directed in writing via BidSync or e-mail purchasing@cityofmesquite.com before Friday, February 7, 2020 at 2:00 p.m. Questions received after the date specified above may not receive response. Any contact or attempt to contact any other employee of the City regarding this RFP may result in the immediate disqualification of the Proposer. Oral and other interpretations or clarifications will be without legal effect. Only questions answered by formal written addenda will be binding.

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PROPOSAL EVALUATION

SELECTION CRITERIA

The Evaluation Committee will be comprised of representative individuals from the City of Mesquite. The successful Vendor shall be selected by the committee on the basis of demonstrated competence and qualifications under the following criteria:

Experience and Qualifications 45 points Capacity and Resources 30 points Fee Schedule 15 points References 10 points

The point ratings will be as follows: Experience - 45 points (percent) Capacity and Resources - 30 points (percent) Fee Schedule - 15 points (percent) References (comparable sized jobs) -10 points (percent) Each vendor is responsible for submitting all relevant, factual and correct information with his or her proposal. The evaluation committee will assign a ranking score to each vendor based on the available data. If additional sheets are attached to the RFP specification package, the proposer shall clearly cross-reference the appropriate location in the solicitation (i.e. page number, paragraph, subject, etc.). Experience - (45 points) will be the maximum point value given to the proposer with the greatest amount of experience in providing investment advisory and primary depository banking consultation services for municipalities and/or private sector companies. The proposers point value will be based on their measured score. Capacity and Resources – (30 points) – The proposer must demonstrate that they have the resources and capacity to manage the City’s investment portfolio in an effective and safe manner. Fee Schedule - (15 points) the proposer with the lowest price receives the maximum score. The proposer with the next lowest price receives points based on dividing its price into the next lowest price and multiplying that percentage by the available points. For example, assume $30,000 is the low offer, then that proposer would receive 30 points ($30,000/$30,000=1.00x15=15). Assume $35,000 is the next low offer, then that proposer would receive 12.85 points ($30,000/$35,000=0.857x15=12.85), etc. References – (10 points) will be the maximum point value given to the proposer based on work references with comparable volumes of work and dollar amounts. The proposer’s point value will be based on their measured score. If it is necessary to conduct interviews, City of Mesquite will choose the number of vendors to be interviewed and schedule them accordingly. Those selected will make in-person presentations to City staff members. The vendors may be asked to submit a “best and final offer,” updating any changes made to the original proposal, including price. Negotiations may be conducted with responsible proposers who submit proposals determined to be susceptible of being selected for award. All proposers will be accorded fair and equal treatment with respect to any opportunity for negotiation and revision of proposals. Revisions to proposals may be permitted after submission and before award for the purpose of obtaining best and final offers.

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CERTIFICATION STATEMENT

INVESTMENT ADVISORY SERVICES AND PRIMARY DEPOSITORY BANKING CONSULTATION SERVICES

With full knowledge for the requirements, do hereby agree to furnish the coverage in full accordance with the specifications and requirements. I certify that ___________________________________________ and its response complies with these (Name of Organization) specifications. __________________________________________________ Signature __________________________________________________ Type/Print Name __________________________________________________ Title __________________________________________________ Date

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NOTE: The following blank spaces in the contract are not to be filled in by the Proposer at the time of submitting his proposal. The contract form is submitted at this time to familiarize the Proposer with the form of contract, which the successful Proposer will be required to execute.

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CONSULTING SERVICES CONTRACT FOR INVESTMENT ADVISORY SERVICES AND PRIMARY DEPOSITORY BANKING CONSULTATION SERVICES

THIS CONTRACT is made and entered into by and between the CITY OF MESQUITE, a Texas municipal corporation, of Dallas and Kaufman Counties, Texas, (hereinafter called “City”) and __________________, a ___________________________, with an address of ______________________ (hereinafter called “Consultant”). City and Consultant may be referred to collectively as “Parties” and individually as “Party.” 1. PURPOSE The purpose of this Contract is to state the terms and conditions under which Consultant shall provide investment advisory services and primary depository banking consultation services to the City. 2. DESCRIPTION OF SERVICES Consultant’s services hereunder shall include, but shall not be limited to, the following: A. Consultant shall perform all the services as set forth in Consultant’s Scope of Services, attached as Exhibit A and incorporated herein by reference; provided, however, should there be any conflict between the terms of the Proposal, and the terms of this Contract, the terms of this Contract shall be final and binding. B. Consultant shall work closely with City’s Director of Finance, or the Director’s designee (hereinafter referred to as “Director”), and other appropriate City officials as directed and shall perform any and all related tasks required by the Director in order to fulfill the purposes of this Contract. C. Consultant shall deliver to the Director all reports and related documents, information, or other data that are required to be produced and given to City in performing services under this Contract (hereinafter called “deliverables”) in the format required by the Director. 3. PERFORMANCE OF SERVICES Consultant and its employees or associates shall perform all the services under this Contract. Consultant represents that all its employees or associates who perform services under this Contract shall be fully qualified and competent to perform the services described in Section 2. City may inspect all deliverables supplied before acceptance. Any deliverables that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Consultant, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Consultant within 30 days of receipt of City's invoice. Consultant warrants that all deliverables will be performed and provided in accordance with the standard of care used by similarly situated consultants performing similar services. 4. PAYMENT FOR SERVICES This Contract is for an amount not to exceed subject to approved extensions and changes. All pricing must be in accordance with the Fee Schedule attached hereto as Exhibit B and incorporated herein by reference. If other conditions necessitate additional services or a change in services as provided in Section 8 of this Contract, any increase in compensation must be authorized and funded in advance by supplemental agreement duly signed by the City Manager, attested to by the City Secretary, and approved as to form by the City Attorney. Consultant’s charges for its services are not to exceed similar charges of Consultant for comparable services to other customers. Payments to Consultant shall be in the amount shown by the itemized billings and other documentation submitted and shall be subject to the Director’s approval. All services shall be performed to the satisfaction of the Director, and City shall not be liable for any payment under this Contract for services which are unsatisfactory and which have not been approved by the Director. The final payment due under this Contract will not be paid until the required deliverables have been received in the required format and approved by the Director. City may, at its option, offset any amounts due and payable under this Contract against any debt (including taxes) lawfully due

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to City from Consultant, regardless of whether the amount due arises pursuant to the terms of this Contract or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. The Parties agree no request for price escalation by Consultant will be made, and City is not required to consider or accept any such request, during the first Term of the Contract. For any subsequent Term, Consultant may request price escalations, which shall be in writing indicating the exact percentage of increase and the effective date of the proposed price escalation. City has the right to accept or reject any such proposed price escalation. If the price escalation is rejected by the City, the contractor shall continue providing services to City at the existing contracted price or may terminate the contract as provided herein. 5. NON-APPROPRIATION. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. In the event the City Council determines not to fund this Contract, City may terminate this as of the end of the fiscal year through which the Contract is funded. 6. CONTRACT DOCUMENTS The contract documents shall consist of this written Contract including all Exhibits, the City’s Requests for Proposal dated February 13, 2020 (“RFP”) and the Proposed Scope of Services described in Consultant’s Response to RFP dated ______________, 2020 (the “Response”), all of which are incorporated into and made a part of this Contract. The contract documents constitute the entire Contract between the City and Consultant, and all are as fully a part of this Contract as if attached to and repeated herein. The contract documents may be altered, amended or modified only as provided herein. 7. TERM The term of this Contract shall begin on __________, 2020 and end on _________, 2021 (the “Term”). Consultant understands and agrees that time is of the essence. All deliverables are to be completed and delivered to City by the termination date, or by the milestone or completion date or dates provided in a performance schedule agreed upon between Consultant and the Director, unless an extension of time, based upon good reasons presented by Consultant, is approved by the Director. City may, at its sole discretion and subject to the annual appropriation of sufficient funds, renew this Contract for four (4) additional one-year Terms. 8. CHANGE IN SERVICES City, acting through its Director, may request from time to time changes in the scope or focus of the activities conducted or to be conducted by Consultant pursuant to this Contract. Any change in the scope or focus which varies significantly from the scope of services set out in Section 2 and would entail a significant increase in cost or expense to Consultant shall be mutually agreed upon by Consultant and the Director. Changes in the scope which in the opinion of Consultant and the Director would justify an increase in compensation requiring additional funding by City must first be authorized as described in Section 4. 9. CONFIDENTIAL WORK No deliverables or other information (including information given by City to Consultant to assist Consultant’s performance under this Contract) developed by, given to, prepared by or assembled by Consultant under this Contract shall be disclosed or made available to any third party individual or organization by Consultant without the express prior written approval of the City.

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10. OWNERSHIP OF DOCUMENTS Upon acceptance or approval by City, all deliverables prepared or assembled by Consultant under this Contract, and any other related documents or items shall become the sole property of City and shall be delivered to City, without restriction on future use. Consultant may make copies of any and all deliverables and related documents or items for its files. By execution of this Contract and in consideration of the fee for services to be paid under the Contract, Consultant hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the project designs and other project data developed under this Contract. 11. CONSULTANT’S LIABILITY Approval of City shall not constitute or be deemed a release of the responsibility and liability of Consultant, its employees, agents, associates, or subconsultants for the accuracy and competency of the deliverables prepared by Consultant, its employees, agents, associates, or subconsultants, as required under this Contract. In addition, approval of City shall not be deemed to be the assumption of any responsibility by City for any defect, error, or omission in the deliverables prepared by Consultant, its employees, agents, associates, or subconsultants. 12. COMPLIANCE WITH LAWS AND REGULATIONS This Contract is entered into subject to and controlled by the Charter and ordinances of the City of Mesquite, as amended, and all applicable laws, rules, and regulations of the State of Texas and the Government of the United States of America. Consultant shall, during the course of performance of this Contract, comply with all applicable City codes and ordinances, as amended and all applicable State and Federal laws, rules and regulations, as amended. In particular, Consultant is put on notice that City will require the Consultant to comply with Chapter 176 of the Texas Local Government Code by completing the attached Conflict of Interest questionnaire (FORM CIQ) and returning the completed FORM CIQ to the CITY. Additionally, Consultant must comply with Section 2252.908 of the Texas Government Code, which was enacted in 2015 by the Texas Legislature pursuant to HB 1295, providing that a governmental entity may not enter into certain contracts with a business entity on or after January 1, 2016, unless the business entity submits a disclosure of interested parties (FORM 1295) to the governmental entity at the time the business entity submits the signed contract to the governmental entity. Further, information regarding the disclosure of interested parties law and instructions on filing FORM 1295 can be found at the Texas Ethics Commission website at the following web address:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

Failure to comply with any applicable laws, including Chapter 176, may result in: (1) the forfeiture by Consultant of all benefits of this Contract; (2) the retainage by City of all services performed by Consultant; and (3) the recovery by City of all consideration, or the value of all consideration, paid to Consultant pursuant to this Contract. 13. INDEPENDENT CONSULTANT Consultant's status shall be that of an independent Consultant and not an agent, servant, employee, or representative of City in the performance of the services under this Contract. Consultant shall exercise independent judgment in performing services under this Contract and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the work is to be performed. No term or provision of this Contract or act of Consultant in the performance of this Contract shall be construed as making Consultant the agent, servant or employee of City, or making Consultant or any of its employees eligible for the fringe benefits, such as retirement, insurance and worker’s compensation, which City provides its employees.

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14. INDEMNITY CONSULTANT AGREES TO DEFEND, INDEMNIFY AND HOLD CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT, OR BY ANY NEGLIGENT OR STRICTLY LIABLE ACT OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONSULTANTS, IN THE PERFORMANCE OF THIS CONTRACT. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES TO THIS CONTRACT AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS FURTHER AGREED WITH RESPECT TO THE ABOVE INDEMNITY, THAT CITY AND COMPANY WILL PROVIDE THE OTHER PROMPT AND TIMELY NOTICE OF ANY EVENT COVERED WHICH IN ANY WAY, DIRECTLY OR INDIRECTLY, CONTINGENTLY OR OTHERWISE, AFFECTS OR MIGHT AFFECT THE COMPANY OR CITY, AND CITY SHALL HAVE THE RIGHT TO COMPROMISE AND DEFEND THE SAME TO THE EXTENT OF ITS OWN INTERESTS. 15. INSURANCE REQUIREMENTS A. Consultant shall procure, pay for, and maintain during the term of this Contract, with a company authorized to do business in the State of Texas and otherwise acceptable to City, the minimum insurance coverage contained in attached Exhibit C. B. Approval, disapproval or failure to act by City regarding any insurance supplied by Consultant or its subconsultants shall not relieve Consultant of full responsibility or liability for damages, errors, omissions or accidents as set forth in this Contract. The bankruptcy or insolvency of Consultant’s insurer or any denial of liability by Consultant’s insurer shall not exonerate Consultant from the liability or responsibility of Consultant set forth in this Contract. 16. GIFT TO PUBLIC SERVANT City may terminate this Contract immediately if Consultant has offered, or agreed to confer, any benefit upon a City employee or official that the City employee or official is prohibited by law from accepting. For purposes of this section, “benefit” means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct or substantial interest, but does not include a contribution or expenditure made and reported in accordance with law. Notwithstanding any other legal remedies, City may require Consultant to remove any employee of Consultant from providing services to City who has violated the restrictions of this section or any similar state or federal law, and obtain reimbursement for any expenditures made as a result of the improper offer, agreement to confer, or conferring of a benefit to a City employee or official. 17. ASSIGNMENT This Contract provides for unique consulting services. Consultant, therefore, shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of City's Director.

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18. TERMINATION

A. City’s Termination Rights.

1. City’s Director may, at its option and without prejudice to any other remedy City may be entitled to at law, in equity or elsewhere under this Contract, terminate further work under this Contract in whole or in part for cause or for the convenience of City by giving at least thirty (30) days advance written notice of termination to Consultant, with the understanding that all performance being terminated shall cease as of a date to be specified in the notice. City shall compensate Consultant in accordance with the terms of this Contract for Contract work properly performed prior to the date of termination specified in the notice, following inspection and acceptance of same by City's Director. Consultant shall not, however, be entitled to lost or anticipated profits should City choose to exercise its option to terminate. 2. City may terminate the Contract immediately in the event Consultant fails to (a) meet delivery or completion schedules, or (b) otherwise perform in accordance with the Contract. B. Consultant’s Termination Rights. 1. Consultant may terminate this Contract if Consultant reasonably believes that Consultant is required to perform (or abstain from performing) services under this Contract which are inappropriate under or in conflict with the practice and ethical rules that guide Consultant’s profession, however, Consultant must give City prior notice and a seven (7) day period to cure such situation before Consultant may terminate Consultant’s services under this Contract. 2. After the first Term of this Contract and in the event City rejects a Consultant requested price escalation, Consultant may terminate this Contract on one-hundred eight (180) days’ notice to City. C. Subcontracts and Termination. In the event of termination whether by City or Consultant, City shall have the right to request that Consultant assign and transfer to City all of Consultant’s rights and obligations under existing subcontracts it has to perform Contract work. 19. NOTICES Any notice, payment, statement, or demand required or permitted to be given under this Contract by either Party to the other may be effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the Parties at the addresses appearing below, but each Party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing. If intended for City, to: Debbie Mol Director of Finance Finance Department 757 North Galloway Avenue Mesquite, Texas 75149 If intended for Consultant, to: ________________________ ________________________ ________________________

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20. EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION A. Consultant shall not discriminate against any employee or applicant for employment because of race, age, color, ancestry, national origin, place of birth, religion, sex, military or veteran status, genetic characteristics, or disability unrelated to job performance. Consultant shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12101-12213, as amended. Consultant agrees to post in conspicuous places a notice, available to employees and applicants, setting forth the provisions of this non-discrimination clause. B. If Consultant fails to comply with the equal employment opportunity/nondiscrimination provisions of this Contract, it is agreed that City at its option may do either or both of the following: (1) Cancel, terminate or suspend this Contract in whole or in part. (2) Declare Consultant ineligible for further City contracts until it is determined to be in compliance. 21. RIGHT OF REVIEW AND AUDIT City may review any and all of the services performed by Consultant under this Contract. City is granted the right to audit, at City’s election, all of Consultant’s records and billings relating to the performance of this Contract. Consultant agrees to retain such records for a minimum of three (3) years following completion of this Contract. Any payment, settlement, satisfaction, or release made or provided during the course of performance of this Contract shall be subject to City’s rights as may be disclosed by an audit under this section. 22. VENUE The obligations of the Parties to this Contract shall be performable in Dallas County, Texas, and if legal action is necessary in connection with or to enforce rights under this Contract, exclusive venue shall lie in Dallas County, Texas. 23. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas, without regard to conflict of law or choice of law principles of Texas or of any other state. 24. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Contract, and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. In the event of any conflict or inconsistencies between the terms of this Contract, the Exhibits, the RFP and the Response, such conflict or inconsistency shall be resolved by giving priority first to the terms of the Contract, then the terms of the Exhibits, then the terms of the RFP and then the terms of the Response. 25. MISCELLANEOUS

A. This Contract may be amended or modified only in writing executed by authorized representatives of both Parties.

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B. No waiver by either party of any breach of any term or condition of this Contract waives any

subsequent breach of same. C. Pursuant to Section 2270.002, Texas Government Code, if the Consultant employs 10 or more full-

time employees and the Contract has a value of $100,000 or more, the Consultant hereby (i) represents that it does not boycott Israel, and (ii) subject to or as otherwise required by applicable federal law, including without limitation 50 U.S.C. Section 4607, agrees it will not boycott Israel during the term of the Contract. As used in the immediately preceding sentence, “boycott Israel” shall have the meaning given such term in Section 2270.001, Texas Government Code. Consultant further represents that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, “foreign terrorist organization” shall have the meaning given such term in Section 2252.151, Texas Government Code.

26. COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. If this Contract is executed in counterparts, then it shall become fully executed only as of the execution of the last such counterpart called for by the terms of this Contract to be executed. 27. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract. 28. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the Parties and their respective administrators, successors and, except as otherwise provided in this Contract, their assigns. 29. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS This Contract (with all referenced Exhibits, attachments, and provisions incorporated by reference) embodies the entire agreement of both Parties, superseding all oral or written previous and contemporary agreements between the Parties relating to matters set forth in this Contract. Except as otherwise provided elsewhere in this Contract, this Contract cannot be modified without written supplemental agreement executed by both Parties. EXECUTED this the ____ day of __________, 2020, by City, signing by and through its City Manager, duly authorized to execute same by the City Council, and by Consultant.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

[SIGNATURE PAGE TO FOLLOW]

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CITY OF MESQUITE ____________________________________ By: _______________________________ By: _________________________________ Cliff Keheley, City Manager ____________________ ATTEST: Acknowledgment State of Texas, County of Dallas: Before By: _______________________________ me the undersigned authority on this day Sonja Land, City Secretary personally appeared ______________, known to be the person whose name is APPROVED AS TO FORM: subscribed to the foregoing document, and acknowledged to me that she executed said By: _______________________________ document with full authority to do so and for City Attorney the purposes and consideration expressed therein. Given

under my hand and seal of office the _____ day of ________ 2020.

____________________________________ Notary Public in and for the State of Texas

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TO THE VENDOR

DID YOU REMEMBER TO: • Abide by the General Clauses and Special Conditions • Make note of the opening date and time. All bids must be submitted by 2:00 p.m.

Bids received after 2:00 p.m. will not be accepted. • Fill in the unit and extended price on your bid proposal (if applicable). • Fill in the total amount (if applicable). • Fill in the terms, if requested. • Acknowledge receipt of all addendums. • Fill in the delivery time or the calendar days (if applicable). • Fill in the company name, address and phone number. • Sign bid proposal. • Include on the front of your sealed envelope the following information: Company name, address, bid number, opening

date and time. Mailing Address: Physical Address: City of Mesquite City of Mesquite P.O. Box 850137 1515 N. Galloway Mesquite, TX 75185-0137 Mesquite, TX 75149 Purchasing Office 972-216-6201 972-216-6397 Fax

If the procedures are not followed, your bid could be disqualified. Thank you Ryan Williams Manager of Purchasing